The Trouble with Trebles

Sometimes, things that appear to be harmless are anything but.

Certain kinds of shop talk, especially in the employment context or during a merger, can wreak havoc. And practices that your employees consider standard can lead to federal investigations, criminal charges, and exorbitant treble damages.

Join Ballard Spahr’s Antitrust and Competition Group for an interactive CLE that will explore antitrust issues in the employment and M&A space. The three-hour course offers an hour of CLE ethics credit and includes breakfast and lunch.

Session One

Common Antitrust Issues in Employment

Recruiting and employment practices are an increasing subject of antitrust enforcement. This session will cover:

• Non-compete, non-disclosure, non-solicitation, and no-poaching agreements

• Benchmarking and other surveys of competitors

Moderator: Edward D. Rogers

Panelists: Meredith S. Dante, James M. Lockhart, Matthew I. Vahey

Session Two

Antitrust and M&A

Antitrust issues can derail even the most traditional M&A deal, regardless of the size of the companies involved. Many are specific to industry. This session will focus on:

• Market concentration and why it matters

• Coordination or anticompetitive behavior?

• Merger investigations: uncovering prohibited non-merger related conduct

Panelists: Leslie E. John, Jason A. Leckerman, Fred G. DeRitis

Session Three

Common Ethical Issues for In-House Antitrust Counsel

We will examine the ethical challenges faced by in-house counsel during antitrust investigations and litigation, including:

• Joint defense agreements

• Employees as the defendant

• Conflicts and issues related to client counseling and disclosure

Panelists: James A. Mitchell, Thomas W. Hazlett, Barbara A. Schwartz

This program is approved for 3.0 PA, NJ, NY, and CA CLE credits (includes 1.0 ethics). Uniform Certificates of Attendance will also be made available for the purpose of seeking credit in other jurisdictions.

For more information, please contact Kerri McNiven at mcnivenk@ballardspahr.com.